Deck 7: Crimes Against Property

Question 1

Which of the following is not an element of the crime of theft?

A) Intent to take at least temporarily another's property
B) The taking and asportation of property
C) Property taken by theft must have some value
D) The taker of the property was without privilege or right to the property taken

Answer 1

A

Question 2

Theft under the Model Penal Code involves the taking of which type of property?

A) Intellectual property
B) Movable property only
C) Movable or immovable property
D) Property obtained through unlawful acquisition or initially lawful acquisition of the property

Answer 2

C

Question 3

What element or lack of element distinguishes theft from robbery?

A) Asportation in theft
B) Deception by the offender in robbery
C) The movability of the property in theft
D) An act of violence or force in robbery

Answer 3

D

Question 4

If a person picks up a piece of property believing it to be his property, when in fact it is not, then

A) The person is still guilty of theft
B) It is not theft because the requisite Mens Rea is absent
C) It is theft only if the owner knows of the taking
D) It is theft only if the property is taken away from the point it was found

Question 5

______________ evidentially demonstrates much more than a desire to have something of someone else but the intent to formalize the intent to deprive.

A) Asportation
B) Possession
C) Hiding
D) A covert act

Question 6

For the crime of theft a defense to the element of "without license or privilege" would be

A) Mistake
B) Permission
C) Justification for possession
D) Licensure by a governmental entity

Question 7

What is a defense to a property owner's claim of theft by a person who finds lost or mislaid property?

A) Strict liability requirement
B) The finder must make reasonable efforts to return the property to its rightful owner
C) The property must be forfeited to the government or face theft charges
D) The finder has not affirmative defense

Question 8

Which of the following is a defense to the acquisition of property of another?

A) The property was abandoned
B) The property was not guarded or protected
C) The ownership is in question
D) The property is taken by a governmental officer

Question 9

Not paying a hotel bill is an example of which of the following?

A) Theft by Deception
B) Theft by Forgery
C) Theft by receiving stolen property
D) Theft of Services

Question 10

What is the fundamental reason legislatures have fashioned laws specifically covering thefts of goods taken from retail establishments?

A) The view that theft form a person is different than a theft from a business entity
B) Retail theft is more serious
C) There is a different level of intent
D) The mental state is different

Question 11

What crime would a youthful offender taking a car for a "joy ride" most likely be charged with under typical statutes covering theft of autos?

A) Auto theft
B) Carjacking
C) Unauthorized Use of an Automobile
D) Theft by conversion

Question 12

When an auto is stolen with the owner in the car, where the offender uses force or threat of force, the proper charge is

A) Theft of Auto
B) Carjacking
C) Unauthorized Use of an Automobile
D) Theft by Conversion

Question 13

The theft crime where the essence of the offense rests in the receipt rather than in the real taking of the property is called

A) Larceny
B) Theft by Failing to make Required Disposition
C) Theft by Deception
D) Theft by Receiving Stolen Property

Question 14

__________ is a common quality to crimes generally termed "Theft by Intimidation."

A) Blackmail
B) Amount of the theft
C) Ownership issues in question
D) Physical threat resulting in actual violence

Question 15

If a person extorts money from a person by threatening disclosure of specific facts is the crime of

A) Theft by Unlawful Taking
B) Theft by Intimidation
C) Theft by Embezzlement
D) There is no such criminal sanction for these circumstances

Question 16

Which of the following is the unique aspect of embezzlement that makes it different than other theft offenses?

A) The amount taken exceeds $10,000
B) Physical threat is an element
C) The offender is a person lawful possession entrusted to him prior to the taking
D) The offender never has possession but merely unlawfully transfers possession to another

Question 17

Unlawfully obtaining Medicaid through deception is an example of which of the following?

A) Theft by Deception
B) Theft by Forgery
C) Theft by Receiving Stolen Property
D) Theft of Services

Question 18

Alteration, modification, and falsification of a written instrument is called

A) Theft by Deception
B) Theft by Forgery
C) Theft by Receiving Stolen Property
D) Theft of Services

Question 19

Which of the following is an example of a written instrument that might be criminally altered constituting the crime of Forgery?

A) Deed
B) Stock certificate
C) Bearer Bond
D) All of the above
E) A & C only

Question 20

What type of intent is required for the crime of forgery?

A) Specific Intent
B) General Intent
C) Limited intent
D) Strict liability offense

Question 21

What crime occurs when a public official accepts payment or other economic benefit for official action on the offender's part?

A) Embezzlement
B) Official Larceny
C) Extortion
D) Bribery

Question 22

Which of the following would not be considered a public official for the purposes of a bribery charge?

A) Elected official
B) Chairman of the board of directors of a corporation
C) Civil service worker
D) Juror

Question 23

Statutes prohibiting accepting money involving kickbacks, violating a fiduciary responsibility in a free market environment is called

A) Bribery
B) Extortion
C) Commercial bribery
D) Theft by Deception

Question 24

Which of the following cannot be an element of fraud?

A) Act
B) Mistake
C) Expression
D) Omission

Question 25

Which of the following is an example of a document capable of being forged?

A) Stock
B) Will
C) Check
D) All of the above

Question 26

Bribery is often done for what kind of purpose?

A) Political
B) Commercial Advantage
C) A. And B.
D) None of the above

Question 27

Which of the following is an example of a benefit for favor?

A) To award or not award a contract for services
B) To vote or abstain from a vote
C) To rule or not to rule in a legal case
D) All of the above

Question 28

Which is not an example of a negative impact that commercial bribery distorts the marketplace?

A) Lowers office morale
B) Favors a select few
C) Thwarts competition
D) Drives up prices in the economy

Question 29

Under the Model Penal Code theft is the unauthorized taking or disposition of moveable or unmovable property.

Question 30

For the purposes of the offense of theft, the property taken does not necessarily need to have value.

Question 31

Like the crime of robbery, theft can also involve the use of physical force.

Question 32

What is indisputable in each and every case of larceny is that the actor desires to take from another and that the taking lacks any real sense of justification or right.

Question 33

A mistaken belief that an item taken is in fact belongs to the taker still constitutes the crime of theft.

Question 34

An overt act to take the property of another, without actually doing so is sufficient for the charge of theft.

Question 35

For the purposes of the crime of theft, property is defined as anything that has value which can be obtained and deprived without permission of the rightful owner.

Question 36

Property that has been mislaid or lost can still be the subject of larceny.

Question 37

If someone abandons property, such as a car, the property owner may have the car towed away, without facing criminal theft charges.

Question 38

Parties with legal rights and obligations to control property on behalf another are not immune to larceny and theft prosecution even if they have carried out their responsibilities in good faith.

Question 39

Obtaining telephone access without paying is an example of the crime of Theft of Services.

Question 40

Some legislatures have designed laws that categorize shoplifting as a special category of theft called Retail Theft.

Question 41

Carjacking is commonly called joyriding.

Question 42

Carjacking became a federal offense in 1996.

Question 43

A person in possession of stolen property is prima facie evidence of guilt of a theft crime.

Question 44

The crime of extortion has an element that requires that there has been an actual assault or physical injury.

Question 45

A demand for money combined with the threat of disclosure of specific facts violates no law.

Question 46

The crime of embezzlement differs in one particular sense-that the offender had the right to posses the property prior to the theft.

Question 47

Medicaid fraud is an example of Theft by deception.

Question 48

The centerpiece of every fraud is the falsehood and material misrepresentation that manipulates the transference.

Question 49

Theft by Forgery is a general intent crime.

Question 50

Forgery involves the altering of written instruments.

Question 51

In the crime of Bribery, the offender wants a quid pro quo in exchange for the official action taken by the official.

Question 52

Bribery is only a federal crime.

Question 53

In order for a crime to be classified as theft, the property taken does not need to have value.

Question 54

Larceny is the criminal taking of the property or services of another without consent.

Question 55

The act of falsely making, altering or imitating with the intent to defraud is extortion.

Question 56

False statements, securing the payment of government benefits, constitute a fraudulent practice.

Question 57

To be s forgery, the instrument or writing must have some level of authority or value.

Question 58

Public officials cannot be convicted of bribery under modern code constructions.

Question 59

Bribery can be payment for affirmative action or neglect in the carrying out of a legal duty.

Question 60

Knowingly receiving stolen property is a crime if the actor could or should have known about the disproportionate value for those goods.

Question 61

Extortion generally requires proof a particular threat of imminent to be carried out in the future.

Question 62

Carjacking is a special classification of theft due to its frequency and problems with the duration of the taking.

Question 63

What are the essential issues in distinguishing theft from other crimes?

Question 64

What distinguishes Embezzlement from other theft charges?

Question 65

What are the defense strategies to the crime of theft?

Question 66

What types of situations are considered Theft of Labor or Services?

Question 67

What are the different types of auto theft crimes? Explain the elements of each.

Question 68

What special circumstances are required for the federal charge of carjacking?

Question 69

What happens if a person is in possession of stolen property they did not know was stolen? Are they guilty of a crime? What would be a defense to the crime?

Question 70

What distinguishes Extortion from other theft crimes?

Question 71

What are the elements of the crime of Embezzlement?

Question 72

What are specific examples of the crime of Theft by deception?

Question 73

For the purpose of the crime of Theft by Forgery what types of actions are taken in with written instruments?

Question 74

What constitutes a written instrument for the purpose of the crime of Theft by Forgery?

Question 75

What are the elements of the crime of Bribery?